Early Times Report
Srinagar, Aug 11: As the General Administration Department (GAD) failed to provide information under RTI Act about former PRO to ex Deputy Chief Minister Tara Chand , the State Information Commission (SIC) has now directed the Public Information Officer (PIO) of GAD to provide the complete details to the information seeker without charging any processing fees etc as there has been inordinate delay in disposing off the RTI plea.
Details available with Early Times reveal that one Ajaat Jamwal a resident of Dogra Hall, Jammu moved an application dated: 08.10.2014 before the PIO/Commissioner/Secretary to Government, Forest Department at Civil Secretariat, Srinagar under the Jammu & Kashmir Right to Information Act, 2009. The applicant sought information about one Kewal Krishan who happened to be the PRO of Tara Chand the then Deputy Chief Minister of J&K. The RTI application reads as :
Kindly provide the information about the present post held by Kewal Krishan Sharma, S/o. Gian Chand, R/o. Village Kachrial, Tehsil Akhnoor A/P Patta Bohri, Jammu presently working with Tara Chand, Deputy Chief Minister, J&K Government.
The qualification of the employee, name of the Board/University from which he acquired the qualification and copy of certificates thereof.
What was the criterion for employment of Kewal Krishan in the Forest Department?
The details of property statement provided by Kewal Krishan when he was posted with Deputy Chief Minister and the present status of his assets and property.
How much he has drawn as salary and other perks from the Forest Department till date?
Whether he has taken permission for applying for a passport, if yes, please provide the details of the passport of Kewal Krishan.
Kewal Krishan Sharma, Forest Guard, at present PRO to Deputy Chief Minister is alleged to have misused his official position and Deputy Commissioner, Jammu has ordered an enquiry. What action the department has taken against the said official If no action has been taken, what are the reasons?
The PIO/Under Secretary to Government, Forest Department vide Office No. FST/RTI/41/IDNo.0041/2014 dated: 14.10.2014 transferred the application of the information seeker to PIO in the office of Chief Conservator of Forests (CCF) , Jammu. However, the appellant did not receive any response from the PIO CCF office Jammu and filed first appeal dated: 26.11.2014 before the First Appellate Authority (FAA) ie Chief Conservator of Forests, Jammu.
The Administrative Officer/PIO, CCFs Office, Jammu informed the applicant vide Office No. CCF-J/Estt/RTI/54/984-85 dated: 11.12.2014 that his RTI application has not been received in the office of PIO/ Chief Conservator of Forests, Jammu.
He informed the information seeker that the information sought about Kewal Krishan, who was working as Forest Guard in Billani Project upto 22.06.2010 and was transferred from the project to personal section of Deputy Chief Minister vide Government Order No. 719-GAD of 2010 dated: 21.06.2010 and the Service Book of the above named official was dispatched to the Office of Deputy Secretary to Government, General Administration Department so the criteria for employment of the above said person cannot be confirmed, as such the other information may kindly be had from the General Administration Department (GAD) , Civil Secretariat, Srinagar/Jammu.
However, the information seeker was not satisfied with the information provided to him which prima facie appears to be incomplete and not in possession of Forest Department.
The applicant filed 2nd appeal before the State Information Commission (SIC) dated: 05.02.2015 wherein he has alleged that the information provided to him is partial and incomplete.
The Commission after receiving the 2nd appeal listed the matter for hearing on 24.03.2015.
The PIO/Administrative Officer, in the office of Chief Conservator Forests, Jammu apprised the Commission that the information pertains to the PIO, Housing and Urban Development Department, Civil Secretariat, Jammu/Srinagar and PIO, General Administration Department, Civil Secretariat, Jammu/Srinagar. Accordingly, notices were issued to the concerned to remain present on the next date of hearing.
PIO/Under Secretary to Government, General Administration Department and PIO/Under Secretary to Government, Housing and Urban Development Department attended the hearing before the Commission on 22.04.2015 and the Registry of the Commission was accordingly directed to furnish copies of RTI application, Ist appeal and 2nd appeal of the information seeker to the concerned PIOs and they were directed to file their objections accordingly. Meanwhile, the offices of the both the PIOs were shifted from Jammu to Srinagar due to durbar move.
The matter was listed for hearing on 21.07.2015, the appellant caused his appearance whereas the PIO's could not cause their presence and the Registry of the Commission was directed to list the matter for hearing in future through video conferencing, from the Commission's office at Srinagar and accordingly the matter was again listed for hearing on 04.08.2015 through video conferencing. After hearing the parties the matter was adjourned and again listed on 05.08.2015. The Video Conferencing could not take place due to non-availability of power supply at Commission's Office Srinagar. Both the PIOs were heard telephonically.
The appellant and the PIO/Administrative Officer, in the office of Chief Conservator of Forests, Jammu were present in person. The PIO/Under Secretary to Government, Housing and Urban Development Department, Civil Secretariat, Srinagar categorically submitted that it pertains to the office of PIO/Under Secretary to Government, General Administration Department, Civil Secretariat, Srinagar.
SIC's order reads as:
" The perusal of the RTI application and the submissions made by PIO/ Administrative Officer, in the office of Chief Conservator of Forests (CCF) , Jammu show that the information sought by the information seeker pertains to the General Administration Department, Civil Secretariat, Srinagar. The PIO/Under Secretary to Government, General Administration Department, Civil Secretariat, Srinagar was also heard telephonically and he apprised the Commission that whatever information may be available in his office will be furnished to the information seeker within a week's time.
The appellant, during the course of proceedings, insisted that the information relating to last two points may specifically be furnished to him as it pertains to action taken with respect to an enquiry conducted by Deputy Commissioner, Jammu which was submitted vide No. DMJ/PA/2014/160-63 dated: 29.09.2014 to the Divisional Commissioner, Jammu and letter written by Divisional Commissioner, Jammu vide No. 101/Misc-J/1604-06 dated: 01.10.2014 to Secretary to Government, General Administration Department, J&K Civil Secretariat, Srinagar pertaining to distribution of relief by Kewal Krishan, PRO to Deputy Chief Minister, J&K"
The order further reads as:
"The PIO is directed to take care of these queries while framing the Information. In view of the aforesaid facts and observations, the PIO/ Under Secretary to Government, General Administration Department, Civil Secretariat, Srinagar is hereby directed to furnish the requisite information, sought by the information seeker, relating to all the queries free of cost within a week's time from the date of receipt of this order under an intimation to the Commission. The information be dispatched to the information seeker under a registered cover at his residential address mentioned in the RTI application". |
